ADMINISTRATIVE COURT AGREES TO HEAR SUIT AGAINST

C O N F I D E N T I A L TEGUCIGALPA 000348 SIPDIS E.O. 12958: DECL: 05/12/2019 TAGS: PGOV KDEM HO SUBJECT: ADMINISTRATIVE COURT AGREES TO HEAR SUIT AGAINST HONDURAN PRESIDENT'S PROPOSED REFERENDUM REF: A. TEGUCIGALPA 339 ¶B. TEGUCIGALPA 210 ¶C. TEGUCIGALPA 215 Classified By: Ambassador Hugo Llorens, reason 1.4 (B & D) ¶1. (U) In a ruling that pleased opponents of President Zelaya's proposed referendum, known as the "Fourth Urn" on convening a constituent assembly (reftels B and C),Judge Jorge Alberto Zelaya of Honduras' "Administrative Court" determined on May 12 that he would hear a suit against the legality of the ballot, but stopped short of ordering the suspension of GOH preparations for it. The suit was filed by anti-corruption prosecutor Henry Salgado. Any appeal of the Administrative Court's decision would go to the Appeals Court. ¶2. (U) Salgado commented shortly after the ruling was announced that he and his supporters were very pleased with the court's acceptance of the suit. He acknowledged that a stay against further GOH action in support of the ballot would necessarily be a separate process, and that he was prepared to seek such a stay as the next step in halting the ballot altogether. ¶3. (SBU) On the same day, attorney Mauricio Velasco of the legal watchdog NGO PROJUSTICIA filed a petition to force Supreme Court President Jorge Alberto Rivera Aviles to recuse himself from any involvement in cases concerning the fourth urn, based on statements Rivera made to the press last week. Rivera told the press that the Constitution could not be considered an obstacle to the Fourth Urn and that he as President of the Supreme Court could not issue opinions in possible cases of what might happen, until the acts actually occur. Velasco and his NGO are highly respected, with a reputation for impartiality and being politically neutral. Many of the organization's most recent cases filed, however, have been against the Zelaya government and its interests. ¶4. (C) Comment: Elite opposition to the poll is growing as suspicion mounts that Zelaya's manipulation of the Fourth Urn could trigger a constitutional crisis. Sixteen of the remaining members of the original Constituent Assembly who wrote the Constitution of 1982 have joined together and formed a group to stop the Fourth Urn. Several other well-known lawyers and political analysts have launched a steady media effort questioning the legality of the Fourth Urn. Former President Carlos Flores has told us that he and his allies will mount a campaign to discredit the idea both legally and constitutionally. Nevertheless, these complex legalistic issues do not resonate well with the general public, polls of which show wide support for a constituent assembly, though little support for Zelaya continuing in power. Recognizing this reality, National Party Presidential candidate Porfirio "Pepe" Lobo has decided to support the Fourth Urn, attempting to craft the referendum to limit a constituent assembly's power (reftel A). End Comment. LLORENS